A segment on Fox News’ Fox and Friends this morning explored the issue of whether a swine flu pandemic could result in a declaration of martial law in America and a suspension of constitutional rights.

“If it becomes a pandemic, you could lose some simple rights – like going to the movies,” said host Steve Doocy, before introducing legal analyst Peter J. Johnson, Jr.

“People in our government need to start thinking about how, if this actually becomes a pandemic, how it’s going to affect our daily life and our rights,” said Johnson, before asking if people who try to escape quarantines or refuse mandatory vaccinations would face jail time.

Johnson added that Americans were willing to give up rights in order to “stay alive” but that an orderly discussion of how that would happen needs to take place.

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Closing schools, closing the border, forcibly quarantining Americans and eliminating the right to freely assemble, including preventing people from going to shopping malls, were all mentioned as possibilities.

“What about legislatures? What about the U.S. Congress? What about courts of law? What about not impaneling juries because we don’t want to have public assemblies?” asked Johnson.

“Plus the possibility of martial law, but that’s a whole other conversation,” added Doocy, with Johnson responding, “not going there”.